Borra Amaleswari, Machilipatnam V. The Income Tax Officer, Ward-1, , Machilipatnam

ITA 40/VIZ/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5815 (ITAT-VISAKHAPATNAM)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-04-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 22-04-2021
• Assessment Year: 2014-2015
• Appeal Filed On: 28-01-2020
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM (T HROUGH WEB - BASED VIDEO CONFERENCING PLATFORM) BEFORE SHRI N.K. CHOUDHRY, HONBLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, HON'BLE ACCOUNTANT MEMBER I.T.A. NO. 40/VIZ/2020 (ASST. YEAR : 201 4 - 1 5 ) SMT. BORRA AMALESWARI, D.NO. 1 - 46, BABA NAGAR, KARA A GRAHARAM, MACHILIPATNAM. V S. INCOME TAX OFFICER WARD - 1, MACHILIPATNAM. PAN NO. AZYPB 6715 C (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE . DEPARTMENT BY : SMT. MINI CHANDRAN , SR. DR DATE OF HEARING : 22 / 04 /2021 . DATE OF PRONOUNCEMENT : 29 / 0 4 /2021 . O R D E R PER D.S. SUNDER SINGH , ACCOUNTANT MEMBER THIS APPEAL HAS BEEN PREFERRED BY THE ASSESSEE AGAINST THE ORDER DATED 17 /1 2 /2019 PASSED BY THE L D.COMMISSIONER OF INCOME TAX (APPEALS) [FOR SHORT , LD. CIT(A) ] , KURNOOL U/SEC. 250(6) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS 'ACT') FOR THE A.Y. 2 0 1 4 - 1 5 . 2. ALL THE GROUNDS OF APPEAL ARE RELATED TO THE ADDITION SUSTAINED BY THE L D. CIT(A) AMOUNTING T O RS. 12,50,5 00 / - MADE 2 ITA NO. 40 / VIZ /2020 ( SMT. BORRA AMALESWARI ) BY THE AO IN RESPECT OF CASH DEPOSITS MADE IN THE ACCOUNT OF B ANK OF BARODA AND SAPTAGIRI GRAMEENA BANK . DURING THE COURSE OF ASSESSMENT PROCEEDINGS, THE ASSESSEE FAILED TO EXPLAIN THE SOURCE OF BANK DEPOSITS, THEREFORE THE AO MADE THE ADDITION. AGAINST THE ORDER OF THE LD.AO THE ASSESSEE FILED APPEAL BEFORE THE CIT(A). 3 . B EFORE , THE L D. COMMISSIONER, THE ASSESSEE EXPLAINED THE SOURCE OF CASH DEPOSITS AS SALE PROCEEDS OF THE PROPERTY SOLD IN THE CAPACITY OF GPA HO L DER OF MS. PADAMATA NAGALAKSHMI W /O MR.P.SURYANARAYANA MURTHY AND M R. PADMATA ANIL KUMAR WHERE IN THE ASSESSEE STATED TO HAVE RECEIVED THE SUM OF RS. 24,46,000/ - AND THE SAID AMOUNT WAS DEPOSITED IN THE BANK ACCOUNT . THE LD.CIT(A) DECIDED THE APPEAL WITHOUT CONSIDERING THE SOURCES EXPLAINED BY THE ASSESSEE IN RESPECT OF SALE OF PROPERTY. AGAINST WHICH, THE ASSESSEE PREFERRED THE PRESENT APPEAL BEFORE THIS TRIBUNAL. 4 . THE ASSESSEE FILED A PETITION FOR ADMISSION OF ADDITIONAL EVIDENCE ALONG WITH A COPY OF SALE DEED . THE ASSESSEE IN HER PETITION STATED THAT THE APPEAL WAS POSTED FOR HEARING AT KURNOOL WHICH IS 500 KM. A WAY FROM MACHILIPATNAM AND THE ASSESSEE HAD REQUESTE D FOR TRANSFER OF APPEAL AND ALSO REQUESTED FOR ADJOURNMENT OF THE CASE AND MEANWHILE, T HE LD. CIT(A) , KURNOOL PASSED THE ORDER WITHOUT CONSIDERING THE ADJOURNMENT R E QUEST MADE BY THE ASSESSEE, THEREFORE THE ASSESSEE R E QUESTED THAT THE ADDITIONAL EVIDENCE COULD NOT BE PLACED BEFORE THE LD. COMMISSIONER, HENCE, REQUESTED TO ADMIT THE ADDITIONAL EVIDENCE. 5. WE HAVE HEARD LD.DR AND GONE THROUGH THE FACTS AND CIRCUMSTANCES OF THE CASE . W E ARE OF THE VIEW THAT THE ASSESSEE S 3 ITA NO. 40 / VIZ /2020 ( SMT. BORRA AMALESWARI ) REQUEST FOR ADMISSION OF ADDITIONAL EVIDENCE NEEDS TO BE CONSIDERED FAVOURABLY. ACCORDINGLY, WE ADMIT THE ADDITIONAL EVIDENCE AND REMIT THE MATTER BACK TO THE FILE OF THE LD. CIT(A) TO DECIDE THE APPEAL ON MERITS AFTER CONSIDERING THE ADDITIONAL EVIDENCE SUBMITTED BY THE ASSESSEE. THE ASSESSEE IS DIREC T ED TO SUBMIT THE NECESSARY INFORMATION AND COOPERATE WITH LD.CIT(A) IN DISPOSING THE APPEAL. 6. WE MAY CLARIFY THAT IN CASE OF FURTHER FAILURE OR DEFAULT BY THE ASSESSEE BEFORE THE LD. COMMISSIONER THEN IN THAT EVENTUALITY THE ASSESSEE SHALL NOT BE ENTITLED FOR ANY LENIENCY AND THE LD.COMMISSIONER SHALL BE AT LIBERTY TO DECIDE THE APPEAL OF THE ASSESSEE IN ACCORDANCE WITH LAW, WHILE CONSIDERING THE PECULIAR FACTS AND CIRCUMSTANCES OF THE CASE. ACCORDINGLY, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. 7 . IN THE RESULT, APPEAL FILED BY THE ASSESSEE STANDS ALLOWED FOR STATISTICAL PURPOSE . ORDER PRONOUNCED IN OPEN COURT ON TH IS 2 9 T H DAY OF APRIL , 2021 . S D / - S D / - (N.K. CHOUDHRY) (D.S. SUNDER SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 2 9 T H APRIL , 20 2 1 . VR/ - 4 ITA NO. 40 / VIZ /2020 ( SMT. BORRA AMALESWARI ) COPY TO: 1. THE ASSESSEE - SMT. BORRA AMALESWARI, D.NO. 1 - 46, BABA NAGAR, KARA AGRAHARAM, MACHILIPATNAM. 2. THE REVENUE INCOME TAX OFFICER, WARD - 1, MACHILIPATNAM. 3. THE PR. CIT , TIRUPATI. 4. THE CIT(A) , KURNOOL. 5. THE D.R . , VISAKHAPATNAM. 6. GUARD FILE. BY ORDER (VUKKEM RAMBABU) SR. PRIVATE SECRETARY, ITAT, VISAKHAPATNAM.